IB 

Union Calendar No. 379 

116TH CONGRESS 

2D SESSION H. R. 2986 

[Report No. 116–472] 

To amend the United States Energy Storage Competitiveness Act of 2007 

to establish a research, development, and demonstration program for 

grid-scale energy storage systems, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 23, 2019 

Mr. FOSTER (for himself, Mr. CASTEN of Illinois, Ms. HERRERA BEUTLER, 

and Mr. GONZALEZ of Ohio) introduced the following bill; which was referred to the Committee on Science, Space, and Technology 

AUGUST 7, 2020 

Additional sponsors: Mr. FITZPATRICK, Mr. WELCH, Mr. BACON, Mr. GRIJALVA, Mr. CRENSHAW, Mr. KENNEDY, Mr. GALLAGHER, Mr. LIPINSKI, 

Mr. STIVERS, Mrs. FLETCHER, Mr. MCHENRY, Mr. CASE, Mr. CALVERT, 

Mr. WEBER of Texas, Ms. LEE of California, Ms. SPANBERGER, Mr. 

KATKO, Ms. KUSTER of New Hampshire, Mr. KIND, Mr. QUIGLEY, Ms. 

LOFGREN, Mr. COX of California, Ms. NORTON, Mrs. DINGELL, Mr. 

HIMES, Ms. HAALAND, Mrs. LURIA, Mr. LEWIS, Mr. BLUMENAUER, Mr. 

LARSEN of Washington, Mr. SMITH of New Jersey, Ms. STEFANIK, Mr. 

BRINDISI, Mr. COHEN, Mr. CONNOLLY, Mr. KIM, Mr. SCHNEIDER, Mrs. 

BEATTY, Mr. DAVID SCOTT of Georgia, Mr. HARDER of California, Mr. 

SUOZZI, Mr. KEATING, Mr. MEEKS, Mrs. NAPOLITANO, Ms. JOHNSON of 

Texas, Ms. PINGREE, Mr. PRICE of North Carolina, Ms. BARRAGA ́N, Mr. 

COLE, Mr. FORTENBERRY, Mr. MEUSER, Mr. MCADAMS, Ms. SHERRILL, 

Mr. OLSON, Mr. DEFAZIO, Ms. ESCOBAR, Mr. STEIL, Mr. SOTO, Ms. 

JUDY CHU of California, Mr. CICILLINE, Miss RICE of New York, Mr. 

KHANNA, Mr. POCAN, Mr. CRIST, Mr. JOYCE of Ohio, Mr. AGUILAR, Ms. 

BROWNLEY of California, Mr. COOPER, Mr. CASTRO of Texas, Mrs. RODGERS of Washington, Mr. PHILLIPS, Mr. SAN NICOLAS, Ms. BONAMICI, 

Mr. THOMPSON of California, Ms. SA ́NCHEZ, Mr. ROSE of New York, 

Mrs. WATSON COLEMAN, Mr. GOLDEN, Mr. PAPPAS, Mr. LANGEVIN, Mr. 

GALLEGO, Ms. ESHOO, Ms. HOULAHAN, Mr. MICHAEL F. DOYLE of 

Pennsylvania, Mr. BERA, Mr. HECK, Mrs. HAYES, Mr. AMODEI, Ms. 


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JAYAPAL, Ms. ROYBAL-ALLARD, Mr. LUJA ́N, Mr. HORSFORD, Mr. SHERMAN, Mr. CURTIS, Ms. TITUS, Mr. TRONE, Mr. PETERS, Ms. CRAIG, and 

Ms. STEVENS

AUGUST 7, 2020 

Reported with an amendment; committed to the Committee of the Whole 

House on the State of the Union and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on May 23, 2019] 

A BILL 

To amend the United States Energy Storage Competitiveness 

Act of 2007 to establish a research, development, and 

demonstration program for grid-scale energy storage systems, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Better Energy Storage 

5 Technology Act’’ or the ‘‘BEST Act’’. 

6 SEC. 2. ENERGY STORAGE. 

7 (a) IN GENERAL.—The United States Energy Storage 

8 Competitiveness Act of 2007 (42 U.S.C. 17231) is amend9 ed— 

10 (1) by redesignating subsections (l) through (p) 

11 as subsections (p) through (t), respectively; and 

12 (2) by inserting after subsection (k) the fol13 lowing: 

14 ‘‘(l) ENERGY STORAGE RESEARCH AND DEVELOPMENT

15 PROGRAM.— 

16 ‘‘(1) IN GENERAL.—Not later than 180 days 

17 after the date of enactment of the Better Energy Stor18 age Technology Act, the Secretary shall establish a re19 search and development program for energy storage 

20 systems, components, and materials across multiple 

21 program offices of the Department. 

22 ‘‘(2) REQUIREMENTS.—In carrying out the pro23 gram under paragraph (1), the Secretary shall— 

24 ‘‘(A) coordinate across all relevant program 

25 offices throughout the Department, including the 


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1 Office of Electricity, the Office of Energy Effi2 ciency and Renewable Energy, the Advanced Re3 search Projects Agency – Energy, the Office of 

4 Science, and the Office of Cybersecurity, Energy 

5 Security, and Emergency Response; 

6 ‘‘(B) adopt long-term cost, performance, 

7 and demonstration targets for different types of 

8 energy storage systems and for use in a variety 

9 of regions, including rural areas; 

10 ‘‘(C) incorporate considerations of sustain11 ability, sourcing, recycling, reuse, and disposal 

12 of materials, including critical elements, in the 

13 design of energy storage systems; 

14 ‘‘(D) identify energy storage duration needs; 

15 ‘‘(E) analyze the need for various types of 

16 energy storage to improve electric grid resilience 

17 and reliability; and 

18 ‘‘(F) support research and development of 

19 advanced manufacturing technologies that have 

20 the potential to improve United States competi21 tiveness in energy storage manufacturing. 

22 ‘‘(3) STRATEGIC PLAN.— 

23 ‘‘(A) IN GENERAL.—No later than 180 days 

24 after the date of enactment of the Better Energy 

25 Storage Technology Act, the Secretary shall deVerDate Sep 11 2014 00:37 Aug 08, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H2986.RH H2986

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1 velop a 5-year strategic plan identifying re2 search, development, demonstration, and com3 mercial application goals for the program in ac4 cordance with this section. The Secretary shall 

5 submit this plan to the Committee on Science, 

6 Space, and Technology of the House of Rep7 resentatives and the Committee on Energy and 

8 Natural Resources of the Senate. 

9 ‘‘(B) CONTENTS.—The strategic plan sub10 mitted under subparagraph (A) shall— 

11 ‘‘(i) identify programs at the Depart12 ment related to energy storage systems that 

13 support the research and development ac14 tivities described in paragraph (4), and the 

15 demonstration projects under subsection 

16 (m); and 

17 ‘‘(ii) include timelines for the accom18 plishment of goals developed under the plan. 

19 ‘‘(C) UPDATES TO PLAN.—Not less fre20 quently than once every 3 years, the Secretary 

21 shall submit to the Committee on Science, Space, 

22 and Technology of the House of Representatives 

23 and the Committee on Energy and Natural Re24 sources of the Senate an updated version of the 

25 plan under subparagraph (A). 


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1 ‘‘(4) RESEARCH AND DEVELOPMENT.—In car2 rying out the program established in paragraph (1), 

3 the Secretary shall focus on developing— 

4 ‘‘(A) energy storage systems that can store 

5 energy and deliver stored energy for a minimum 

6 of 6 hours in duration to balance electricity 

7 needs over the course of a single day; 

8 ‘‘(B) long-duration energy storage systems 

9 that can store energy and deliver stored energy 

10 for 10 to 100 hours in duration; and 

11 ‘‘(C) energy storage systems that can store 

12 energy and deliver stored energy over several 

13 months and address seasonal scale variations in 

14 supply and demand. 

15 ‘‘(5) TESTING AND VALIDATION.—The Secretary 

16 shall support the standardized testing and validation 

17 of energy storage systems under the program through 

18 collaboration with 1 or more National Laboratories, 

19 including the development of methodologies to inde20 pendently validate energy storage technologies by— 

21 ‘‘(A) performance of energy storage systems 

22 on the electric grid, including— 

23 ‘‘(i) when appropriate, testing of ap24 plication-driven charge and discharge pro25 tocols; 


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1 ‘‘(ii) evaluation of power capacity and 

2 energy output; 

3 ‘‘(iii) degradation of the energy storage 

4 systems from cycling and aging; 

5 ‘‘(iv) safety; and 

6 ‘‘(v) reliability testing under grid duty 

7 cycles; and 

8 ‘‘(B) prediction of lifetime metrics. 

9 ‘‘(6) COORDINATION.—In carrying out this sub10 section, the Secretary shall coordinate with— 

11 ‘‘(A) programs and offices that aim to in12 crease domestic manufacturing and production 

13 of energy storage systems, such as those within 

14 the Department and within the National Insti15 tute of Standards and Technology; 

16 ‘‘(B) other Federal agencies that are car17 rying out initiatives to increase energy reli18 ability through the development of energy storage 

19 systems, including the Department of Defense; 

20 and 

21 ‘‘(C) other stakeholders working to advance 

22 the development of commercially viable energy 

23 storage systems. 

24 ‘‘(7) TECHNICAL ASSISTANCE PROGRAM.— 


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1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 provide technical assistance for commercial ap3 plication of energy storage technologies to eligible 

4 entities. 

5 ‘‘(B) TECHNICAL ASSISTANCE.—Technical 

6 assistance provided under this paragraph— 

7 ‘‘(i) may include assistance with— 

8 ‘‘(I) assessment of relevant tech9 nical and geographic characteristics; 

10 ‘‘(II) interconnection of electricity 

11 storage systems with the electric grid; 

12 and 

13 ‘‘(III) engineering design; and 

14 ‘‘(ii) may not include assistance relat15 ing to modification of Federal, State, or 

16 local regulations or policies with respect to 

17 energy storage systems. 

18 ‘‘(C) APPLICATIONS.— 

19 ‘‘(i) IN GENERAL.—The Secretary shall 

20 seek applications for technical assistance 

21 and grants under the program— 

22 ‘‘(I) on a competitive basis; and 

23 ‘‘(II) on a periodic basis, but not 

24 less frequently than once every 12 

25 months. 


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1 ‘‘(ii) PRIORITIES.—In selecting eligible 

2 entities for technical assistance for commer3 cial applications, the Secretary shall give 

4 priority to eligible entities with projects 

5 that have the greatest potential for— 

6 ‘‘(I) strengthening the reliability 

7 and resilience of the electric grid to the 

8 impact of extreme weather events, 

9 power grid failures, and interruptions 

10 in supply of electricity; 

11 ‘‘(II) reducing the cost of energy 

12 storage systems; or 

13 ‘‘(III) facilitating the use of net 

14 zero emission energy resources. 

15 ‘‘(8) PROGRAM DEFINED.—In this subsection, the 

16 term ‘program’ means the research and development 

17 program established under paragraph (1).’’. 

18 (b) ENERGY STORAGE DEMONSTRATION PROGRAM.— 

19 The United States Energy Storage Competitiveness Act of 

20 2007 (42 U.S.C. 17231), as amended, is further amended 

21 by inserting after subsection (l), as added by subsection (a), 

22 the following: 

23 ‘‘(m) ENERGY STORAGE DEMONSTRATION PRO24 GRAM.— 


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1 ‘‘(1) ESTABLISHMENT.—The Secretary shall es2 tablish a competitive grant program for the dem3 onstration of energy storage systems, as identified by 

4 the Secretary, that use either— 

5 ‘‘(A) a single system; or 

6 ‘‘(B) aggregations of multiple systems. 

7 ‘‘(2) ELIGIBILITY.—Entities eligible to receive a 

8 grant under paragraph (1) include— 

9 ‘‘(A) a State, territory, or possession of the 

10 United States; 

11 ‘‘(B) a State energy office; 

12 ‘‘(C) a tribal organization (as defined in 

13 section 3765 of title 38, United States Code); 

14 ‘‘(D) an institution of higher education (as 

15 defined in section 101 of the Higher Education 

16 Act of 1965 (20 U.S.C. 1001)); 

17 ‘‘(E) an electric utility, including— 

18 ‘‘(i) a rural electric cooperative; 

19 ‘‘(ii) a political subdivision of a State, 

20 such as a municipally owned electric util21 ity, or any agency, authority, corporation, 

22 or instrumentality of one or more State po23 litical subdivisions; and 

24 ‘‘(iii) an investor-owned utility; and 


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1 ‘‘(F) a private company, such as but not 

2 limited to an energy storage company. 

3 ‘‘(3) SELECTION REQUIREMENTS.—In selecting 

4 eligible entities to receive a grant under this section, 

5 the Secretary shall, to the maximum extent prac6 ticable— 

7 ‘‘(A) ensure regional diversity among eligi8 ble entities that receive the grants, including 

9 participation by rural States and small States; 

10 ‘‘(B) ensure that specific projects selected for 

11 grants— 

12 ‘‘(i) expand on the existing technology 

13 demonstration programs of the Department 

14 of Energy; and 

15 ‘‘(ii) are designed to achieve one or 

16 more of the objectives described in para17 graph (4); 

18 ‘‘(C) give consideration to proposals from 

19 eligible entities for securing energy storage 

20 through competitive procurement or contract for 

21 service; and 

22 ‘‘(D) prioritize projects that leverage match23 ing funds from non-Federal sources. 


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1 ‘‘(4) OBJECTIVES.—Each demonstration project 

2 selected for a grant under paragraph (1) shall include 

3 one or more of the following objectives: 

4 ‘‘(A) To improve the security of critical in5 frastructure and emergency response systems. 

6 ‘‘(B) To improve the reliability of the trans7 mission and distribution system, particularly in 

8 rural areas, including high energy cost rural 

9 areas. 

10 ‘‘(C) To optimize transmission or distribu11 tion system operation and power quality to defer 

12 or avoid costs of replacing or upgrading electric 

13 grid infrastructure, including transformers and 

14 substations. 

15 ‘‘(D) To supply energy at peak periods of 

16 demand on the electric grid or during periods of 

17 significant variation of electric grid supply or 

18 demand. 

19 ‘‘(E) To reduce peak loads of homes and 

20 businesses, particularly to defer or avoid invest21 ments in new electric grid capacity. 

22 ‘‘(F) To advance power conversion systems 

23 to make the systems smarter, more efficient, able 

24 to communicate with other inverters, and able to 

25 control voltage. 


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1 ‘‘(G) To provide ancillary services for grid 

2 stability and management. 

3 ‘‘(H) To integrate one or more energy re4 sources, including renewable energy resources, at 

5 the source or away from the source. 

6 ‘‘(I) To increase the feasibility of microgrids 

7 or islanding. 

8 ‘‘(J) To enable the use of stored energy in 

9 forms other than electricity to support the nat10 ural gas system and other industrial processes. 

11 ‘‘(5) RESTRICTION ON USE OF FUNDS.—Any eli12 gible entity that receives a grant under paragraph (1) 

13 may only use the grant to fund programs relating to 

14 the demonstration of energy storage systems connected 

15 to the electric grid, or that provides bi-directional en16 ergy storage capable of providing back-up energy in 

17 the event of grid outages, including energy storage 

18 systems sited behind a customer revenue meter. 

19 ‘‘(6) COST SHARING.—In carrying out this sec20 tion, the Secretary shall require cost sharing under 

21 this section in accordance with section 988 of the En22 ergy Policy Act of 2005 (42 U.S.C. 16352). 

23 ‘‘(7) NO PROJECT OWNERSHIP INTEREST.—The 

24 United States shall hold no equity or other ownership 


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1 interest in an energy storage system for which a 

2 grant is provided under paragraph (1). 

3 ‘‘(8) RULES AND PROCEDURES; AWARDING OF

4 GRANTS.— 

5 ‘‘(A) RULES AND PROCEDURES.—Not later 

6 than 180 days after the date of enactment of the 

7 Better Energy Storage Technology Act, the Sec8 retary shall adopt rules and procedures for car9 rying out the grant program under subsection 

10 (m). 

11 ‘‘(B) AWARDING OF GRANTS.—Not later 

12 than 1 year after the date on which the rules and 

13 procedures under paragraph (A) are established, 

14 the Secretary shall award the initial grants pro15 vided under this section. 

16 ‘‘(9) REPORTS.—The Secretary shall submit to 

17 Congress and make publicly available— 

18 ‘‘(A) not less frequently than once every 2 

19 years for the duration of the grant program 

20 under subsection (m), a report describing the 

21 performance of the grant program, including a 

22 synthesis and analysis of any information the 

23 Secretary requires grant recipients to provide to 

24 the Secretary as a condition of receiving a grant; 

25 and 


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1 ‘‘(B) on termination of the grant program 

2 under subsection (m), an assessment of the suc3 cess of, and education provided by, the measures 

4 carried out by grant recipients under the grant 

5 program. 

6 ‘‘(10) PROGRAM DEFINED.—In this subsection, 

7 the term ‘program’ means the demonstration program 

8 established under paragraph (1).’’. 

9 (c) AUTHORIZATION OF APPROPRIATIONS.—The 

10 United States Energy Storage Competitiveness Act of 2007 

11 (42 U.S.C. 17231) is amended, in subsection (t) (as redesig12 nated by subsection (a)(1))— 

13 (1) in paragraph (5), by striking ‘‘and’’ at the 

14 end; 

15 (2) in paragraph (6), by striking the period at 

16 the end and inserting ‘‘;’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(7) the research and development program for 

19 energy storage systems under subsection (l)— 

20 ‘‘(A) $62,000,000 for fiscal year 2020; 

21 ‘‘(B) $ 65,100,000 for fiscal year 2021; 

22 ‘‘(C) $ 68,355,000 for fiscal year 2022; 

23 ‘‘(D) $ 71,773,000 for fiscal year 2023; and 

24 ‘‘(E) $ 75,362,000 for fiscal year 2024; and 


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1 ‘‘(8) the demonstration program for energy stor2 age systems under subsection (m), $50,000,000 for 

3 each of fiscal years 2020 through 2024.’’. 

4 SEC. 3. CRITICAL MINERAL RECYCLING AND REUSE RE5 SEARCH, DEVELOPMENT, AND DEMONSTRA6 TION PROGRAM. 

7 The United States Energy Storage Competitiveness Act 

8 of 2007 (42 U.S.C. 17231) is amended by inserting after 

9 subsection (m), as added by section 2(b) of this Act, the 

10 following: 

11 ‘‘(n) CRITICAL MINERAL RECYCLING AND REUSE RE12 SEARCH, DEVELOPMENT, AND DEMONSTRATION PRO13 GRAM.— 

14 ‘‘(1) DEFINITIONS.—In this subsection: 

15 ‘‘(A) CRITICAL MINERAL.—The term ‘crit16 ical mineral’ means any of a class of chemical 

17 elements that have a high risk of a supply dis18 ruption and are critical to one or more new, en19 ergy-related technologies such that a shortage of 

20 such element would significantly inhibit large21 scale deployment of technologies that store en22 ergy. 

23 ‘‘(B) RECYCLING.—The term ‘recycling’ 

24 means the separation of critical minerals embed25 ded within an energy storage system through 


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1 physical or chemical means and reuse of those 

2 separated critical minerals in other technologies. 

3 ‘‘(2) ESTABLISHMENT.—Not later than 180 days 

4 after the date of enactment of the BEST Act, the Sec5 retary shall establish a research, development, and 

6 demonstration program of recycling of energy storage 

7 systems containing critical minerals. 

8 ‘‘(3) RESEARCH, DEVELOPMENT, AND DEM9 ONSTRATION.—In carrying out the program, the Sec10 retary may focus research, development, and dem11 onstration activities on— 

12 ‘‘(A) technologies, process improvements, 

13 and design optimizations that facilitate and pro14 mote recycling, including— 

15 ‘‘(i) improvement of efficiency and 

16 rates of collection of products and scrap 

17 containing critical minerals from consumer, 

18 industrial, and other waste streams; 

19 ‘‘(ii) separation and sorting of compo20 nent materials in energy storage systems 

21 containing critical minerals, including im22 proving the recyclability of such energy 

23 storage systems; 

24 ‘‘(iii) safe storage of energy storage 

25 systems, including reducing fire risk; 


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1 ‘‘(iv) safe transportation of energy 

2 storage systems and components; and 

3 ‘‘(v) development of technologies to ad4 vance energy storage recycling facility in5 frastructure, including integrated recycling 

6 facilities that can process multiple mate7 rials; 

8 ‘‘(B) research and development of tech9 nologies that mitigate emissions and environ10 mental impacts that arise from recycling, includ11 ing disposal of toxic reagents and byproducts re12 lated to recycling processes; 

13 ‘‘(C) research and development of tech14 nologies to enable recycling of critical materials 

15 from batteries in electric vehicles; 

16 ‘‘(D) research on and analysis of non-tech17 nical barriers to improving the transportation of 

18 energy storage systems containing critical min19 erals; and 

20 ‘‘(E) research on technologies and methods 

21 to enable the safe disposal of energy storage sys22 tems containing critical minerals, including 

23 waste materials and components recovered dur24 ing the recycling process. 


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1 ‘‘(4) REPORT TO CONGRESS.—Not later than 2 

2 years after the date of enactment of the BEST Act, 

3 and every 3 years thereafter, the Secretary shall sub4 mit to the Committee on Science, Space, and Tech5 nology of the House of Representatives and the Com6 mittee on Energy and Natural Resources of the Sen7 ate a report summarizing the activities, findings, and 

8 progress of the program. 

9 ‘‘(o) DEFINITIONS.—For purposes of subsections (l), 

10 (m), and (n), the following definitions apply: 

11 ‘‘(1) ENERGY STORAGE SYSTEM.—The term ‘en12 ergy storage system’ means a system, equipment, fa13 cility, or technology relating to the electric grid 

14 that— 

15 ‘‘(A) is capable of absorbing energy, storing 

16 such energy for a period of time, and dis17 patching such energy after storage; and 

18 ‘‘(B) uses a mechanical, electrical, chemical, 

19 electrochemical, or thermal process to store such 

20 energy, or any other process that the Secretary 

21 determines relevant. 

22 ‘‘(2) ISLAND.—The term ‘island’ means one or 

23 more distributed generators or energy storage systems 

24 that continues to power a location in the absence of 

25 electricity from the electric grid. 


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1 ‘‘(3) MICROGRID.—The term ‘microgrid’ means 

2 an integrated energy system consisting of inter-con3 nected loads and distributed energy resources, includ4 ing generators and energy storage systems, within 

5 clearly defined electrical boundaries that— 

6 ‘‘(A) acts as a single controllable entity 

7 with respect to the grid; 

8 ‘‘(B) can connect and disconnect from the 

9 grid to operate in either grid-connected mode or 

10 island-mode; or 

11 ‘‘(C) can operate in the absence of the grid. 

12 ‘‘(4) NATIONAL LABORATORY.—The term ‘na13 tional laboratory’ has the meaning given the term in 

14 section 2 of the Energy Policy Act of 2005 (42 U.S.C. 

15 15801).’’. 


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Union Calendar No. 379 

116TH CONGRESS 

2D SESSION H. R. 2986 

[Report No. 116–472] 

A BILL 

To amend the United States Energy Storage Compurposes. grid-scale energy storage systems, and for other development, and demonstration program for petitiveness Act of 2007 to establish a research, 

AUGUST 7, 2020 

Reported with an amendment; committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union 


kjohnson on DSK79L0C42PROD with BILLS